LEGAL, AUTHORISATIONS AND COMPLIANCE INSPECTORATE PRESENTATION TO DEA STAKEHOLDER FORUM AUGUST 2013
OUR BRANCH • DDG: Mr Ishaam Abader • Integrated Environmental Authorisations- VACANT • Enforcement – Ms Frances Craigie • Compliance- Mr Sonnyboy Bapela • Law Reform and Appeals- Adv Linda Garlipp • Corporate Legal Support and Litigation – Ms Vanessa Bendeman 2
COMPONENTS OF THE STRATEGIC PLAN AND APP STRATEGIC OBJECTIVES Effective legal support Improved compliance with environmental legislation Potential negative impacts of all significant developments prevented or managed 3
CD:INTEGRATED ENVIRONMENTAL AUTHORISATIONS Currently consists of a staff complement of 40 officials. • One of the key performance areas of the CD is to engage with • applicants, EAPs, organs of state and the general public during the EIA process As part of this process; officials are continually engaging with • applicants and EAPs on project and / application specific matters • The Department also engages with state-owned companies to ensure that applications are considered in an efficient and effective manner and to promote dialogue on strategic matters SMS members further engage other government departments • through the existing forums, like the WG, IDC, etc.
Table of key stakeholders: IEA Category Stakeholders Engagement Modality International IAIA International & Local Conferences Antarctica Treaty Consultative Annual Treaty Meetings Meeting: Council for Environmental Protection Organs of State DWA & TCTA, DAFF, DoE, DoT, Project Specific (during EIA DMR, DoT, DST, DTI, Transport, process) DPE, DPSA, DPW, DRD& LR, SAHRA, PRASA, PetroSA, CapeNature
Table of key stakeholders: IEA Category Stakeholders Engagement Modality NGO Birdlife SA Project Specific (during EIA Earthlife Africa process) WESSA WWF Department Forums EDCC Monthly Bi-monthly (2 nd mnth) Transnet Bi-monthly (2 nd mnth) SANRAL Randwater Bi-monthly Ezemvelo KZN Quarterly Garden Route National Park Quarterly SanParks Isimangaliso Quarterly Quarterly DEA & Provincial Authority Working Group 7 Meetings Quarterly Implementation Workshops Quarterly Standards Workshops Quarterly Enforcement Workshops Quarterly
COMPLIANCE & ENFORCEMENT • CD: Compliance currently consists of a staff complement of 31 officials. • CD: Enforcement currently consists of a staff complement of 60 officials. Compliance and enforcement at national DEA is undertaken by 63 • designated Environmental Management Inspectors or “ Green Scorpions ” . The national “ Green Scorpions ” form part of a network of 1681 EMIs • across the country in national statutory bodies, provincial environmental departments and parks boards, as well as the recent addition of 23 designated local authority EMIs. The work of the Environmental Management Inspectorate is summarised in • an annual National Environmental Compliance and Enforcement Report that provides an overview of inspections, investigations, administrative actions, case law etc. in the past financial year.
CD: COMPLIANCE & ENFORCEMENT Category Stakeholders Engagement Modality International • Interpol • International Conferences, • INECE (International Network of Environmental • Joint cross-border operations, Compliance and Enforcement) • International Work Programmes • US/UK Environment Agencies National • South African Police Service (SAPS), • Standard Operating Procedure • National Prosecuting Authority (NPA), (SAPS), • South African Revenue Service (SARS) • Training (Justice College: Prosecutors) Provincial/Local • Provincial environmental departments/parks • MINTECH WGIV boards • Municipalities Public/NGO • Public complaints • National Complaints 24 hr • Environmental NGOs Hotline • Environmental Legal Fraternity • Environmental Compliance and • Regulated Community Enforcement Lekgotla • Industry Association Meetings (Petroleum)
CD: CORPORATE LEGAL SUPPORT AND LITIGATION • Currently consists of a staff complement of 15 officials. • The key performance areas of the CD is to ensure efficient and effective corporate legal services to the Department which enables the department to fulfill its mandate. • As part of this process, officials are continually engaging with stakeholders at various levels • We engage other with government departments, the courts, media, the public at large, private sector, state-owned enterprises and local municipalities
CD: CORPORATE LEGAL SUPPORT AND LITIGATION Category Stakeholders Engagement Manage Litigation by The State Attorneys Create a forum which seeks to improve and against the DEA Office, The Department intergovernmental cooperation and to and the Minister of Water Affairs, The ensure a consistent approach to Department of litigation matters. Transport, SANRAL, SANParks, Provincial Departments dealing with environmental matters Compliance with the DEA Public entities that Ensure PAIA compliance within the Promotion of Access to report to the Minister Department and co-ordinate Information Act, compliance with DEA entities 2000(PAIA)
CD: LAW REFORM AND APPEALS Currently consists of a staff complement of 19 officials. • The key performance areas of the CD is to ensure efficient legal • support to the law reform programme of the Department and to ensure that appeals are effectively dealt with. On a quarterly basis the Advisory Committee on Environmental • Policy and Law Reform convenes. This Committee is comprised of National and Provincial legal officers, and provides legal advice to the Minister and MECs responsible for Environmental Affairs through a forum called MinMec • We engage other with government departments, media, public at large, private sector, state owned enterprises and local municipalities
CD: LAW REFORM AND APPEALS The following Bills currently before Parliament: • National Environmental Management Laws First Amendment Bill [B 13─2012]: The First Amendment Bill proposes amendments to five Acts. Amongst others, the proposed amendments to the National Environmental Management: Biodiversity Act, 2004 are intended to address the abuse of the permitting system with regard to the hunting of threatened or protected species (for example rhinoceros) in the country. • National Environmental Management Laws Second Amendment Bill [B 8─2013]: The Second Amendment Bill proposes amendments to the National Environmental Management Act, 1998 to provide for tighter provisions and penalties with respect to environmental authorizations as well as the abuse of the Section 24G permitting process by persons. • National Environmental Management: Integrated Coastal Management Amendment Bill, 2013: This Amendment Bill proposes amendments to the National Environmental Management: Integrated Coastal Management Act, 2008 in order to address implementation challenges with respect to the conservation of the coastal environment within the country.
CD: LAW REFORM AND APPEALS • In 2013, processing of the following Bills at Cabinet and Parliament: • National Environmental Management Laws Amendment Bill, 2013: The objective of the Amendment Bill is to amend the National Environmental Management Act, 1998 in order to achieve further alignment between the environmental legislation and the mineral, petroleum resources development legislation. • National Environmental Management: Air Quality Amendment Bill, 2013: The Amendment Bill proposes amendments to address regulatory gaps with respect to the implementation of the atmospheric emission licensing system.
CD: LAW REFORM AND APPEALS The National Environmental Management: Waste Bill to address matters in the National Environmental Management: Waste Act. South African Weather Services Bill: to amend certain provisions in the Weather Services Act.
CD: LAW REFORM AND APPEALS Category Stakeholders Engagement Modality National • National Departments: DMR, DoE, EDD, DoHS; • Standard Operating Procedure DWA, DAFF (SAPS), Provincial/Local • Provincial environmental departments • MINTECH WG 11 • Municipalities • Consultation Processes • General public Public/NGO • Public complaints • National Complaints 24 hr • Environmental NGOs Hotline • Environmental Legal Fraternity • Industry Association Meetings • Regulated Community (Petroleum) • Media articles
FOCUS FOR 2013 • Initiatives to maintain and improve working relationships with SARS, SAPS and NPA • Joint compliance and enforcement operations, both in the “brown” and “green” subsectors, including joint inspections with DWA and the DMR • Roll out of EMI to local authorities has commenced – currently approximately 30 municipal EMIs designated
FOCUS FOR 2013 • Project has been initiated to develop a Compliance and Enforcement Strategy for the EMI, including: – Review current C&E system, including an assessment of the impact that the work of the EMI’s has; – Breakdown of relevant structures, resources and capacity within each EMI institution; – Determination of how many Inspectors are required to provide for effective environmental C&E; – Development of tools to identify priorities for C&E work; – Development of a C&E strategy which promotes co- operative governance and incorporates aspects relating to information management and communications
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